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(영문) 대전지방법원 공주지원 2015.05.01 2015고단54
공공단체등위탁선거에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was a candidate in the election of the head of the EFFF on March 11, 2015.

An election campaign shall not be made when it is not an election campaign period, and a person who intends to be a candidate shall not make a contribution from 180 days before the expiration date to the election day.

Nevertheless, at around 12:00 on December 3, 2014, the Defendant, along with “G” restaurants located in F in the public city of official residence, called “G” with H, a member of the EF, as well as “Do in this election for the head of the EF.” The Defendant, after eating, provided KRW 50,000 in cash before the above restaurant.

In addition, from the beginning of December 2014 to the beginning of February 2015, the Defendant requested 8 members of the EFF to support the Defendant and 3.1 million won in cash over nine occasions, such as the list of crimes in the attached list of crimes.

Accordingly, the defendant carried out an election campaign when it is not an election campaign period, and made a contribution during the contribution-restricted period.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement to I and J;

1. Each letter of answer to H, K, L, M, N, andO;

1. A written accusation;

1. Receipt of official documents, an election campaign guide document, a report on the result of holding the simultaneous election campaign guidance presentation session, and the register of participants in the campaign guidance presentation session;

1. Cash and photographs of bags;

1. Each protocol of seizure;

1. Inquiry into communications data, notification of communications data, and a detailed statement of conversations;

1. Application of Acts and subordinate statutes on investigation reports (temporary setting of crimes);

1. Subparagraph 1 of Article 6, Article 24 (2) of the Act on Elections Entrusted by Public Organizations, etc. under the relevant Act on Criminal Crimes, and Articles 59 and 35 (1) of the Act on Elections Entrusted by Public Organizations, etc.;

1. A more prohibited contribution act in violation of the Act on Elections by Public Organizations, etc. due to an advance election campaign under Articles 40 and 50 of the Commercial Concurrent Crimes, between violations of the Act on Elections by Public Organizations, etc. due to a violation of each prohibited contribution act, and punishment;

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